Oh noes. GM and Ford should sue each other!!!!!!!!
Yep...let see who made the first aerodynamic car...... Or you could say "insert car name here" violates the "look and "feel" of "again insert car name here" When it all comes down to the natural evolution of style and function. If everyone took Apple's cue then EVERY industry would be suing each other because ALL businesses copy successful designs.
Apple already controls the majority of the smart phone market,
Incorrect.
While many people think that the iPhone is the undisputed king of the smartphone market, it is actually Google?s Android (News - Alert) platform phones which continue to reign. A new report continues to show that while consumers love Apple and the iPhone Android?s wide variety of phones has kept them holding the largest market share.
...
As far as smartphone manufacturers, Samsung (News - Alert) takes the top spot with 25.5 percent of the market. Trailing closely behind is LG with 20.9 percent. Motorola brings up third place with 14.1 percent and Apple actually comes in a distant fourth with just 9 percent of the market.
This pretty much, though I don't think Apple controls the majority any longer. That might explain their insecurity. A shrinking market share means they fear becoming sieged from all sides.
Apple's market share is growing. Slowly, but nevertheless growing. Both RIM and Nokia are sinking fast, M$ is not gaining much traction, and the market overall is growing fast, so there is plenty of room for Apple to gain, despite the public's preference for Android.
sigh. Car makers do and did sue each other constantly. The reason for such similar looking cars is that you can only patent what is new and novel. So while individual parts of each of these cars may have a design patent, they were not overall departures from previous designs. And those parts that are new and novel? Totally different between the cars.
Now, look at Samsung's tablets before the iPad and those after. the whole design of the ipad was new and novel. No one made a tablet that looked like it before. Yet suddenly Samsung's tablets start to look just like it.
This is almost the perfect example of the violation of design patents and trade dress law. If this wasn't Apple..if it was LG and Samsung fighting there would not even be an argument about who was right.
Samsung needs to do something, ANYTHING, to keep from getting crushed.
Currently, Samsung is the market leader among smartphone manufacturers, while Apple is number 4. I'm not sure where your premise that they are in danger of being crushed originates.
Quote:
Originally Posted by SockRolid
If Samsung really wants to sue Apple over basic wireless technology, they'll need to sue every other handset manufacturer that uses that technology.
Why? There is really no need to do anything like that. They can pick and choose if they want to do that. There is no prohibition on selective prosecution.
While many people think that the iPhone is the undisputed king of the smartphone market, it is actually Google?s Android (News - Alert) platform phones which continue to reign. A new report continues to show that while consumers love Apple and the iPhone Android?s wide variety of phones has kept them holding the largest market share.
...
As far as smartphone manufacturers, Samsung (News - Alert) takes the top spot with 25.5 percent of the market. Trailing closely behind is LG with 20.9 percent. Motorola brings up third place with 14.1 percent and Apple actually comes in a distant fourth with just 9 percent of the market.
Please go back and check the sources better. The numbers you quote are US OEM's of phones, not smart-phones and not world-wide!
Apple is largest OEM of smart-phones in US; I think Nokia is still largest OEM of smart-phones world-wide. So, you may want to correct your multiple posts to the contrary.
Quote:
Originally Posted by ConradJoe
Currently, Samsung is the market leader among smartphone manufacturers, while Apple is number 4. I'm not sure where your premise that they are in danger of being crushed originates.
Why? There is really no need to do anything like that. They can pick and choose if they want to do that. There is no prohibition on selective prosecution.
Incorrect. While many people think that the iPhone is the undisputed king of the smartphone market, it is actually Google?s Android (News - Alert) platform phones which continue to reign. A new report continues to show that while consumers love Apple and the iPhone Android?s wide variety of phones has kept them holding the largest market share.
Sure, when you give your OS away for free along with the majority of the phones out there, you are going to have market share.
You miss the point. Samsung is infringing on Apple's IP. Apple puts effort into innovating, then others copy it lock stock and barrel. That simply is not fair.
If you had invented something and others ripped you off, you would be upset as well.
Agreed. People arguing the opposite need to ask themselves, would Rolex have some legal case if Samsung were shipping wrist watches that looked exactly like a Rolex? Last time I checked the knock offs came from Mexico in tourists pockets not from major retail outlets.
Currently, Samsung is the market leader among smartphone manufacturers, while Apple is number 4. I'm not sure where your premise that they are in danger of being crushed originates.
Why? There is really no need to do anything like that. They can pick and choose if they want to do that. There is no prohibition on selective prosecution.
Apple makes half of all the profits of all the handsets sold on earth.
This pretty much, though I don't think Apple controls the majority any longer. That might explain their insecurity. A shrinking market share means they fear becoming sieged from all sides.
Maybe not the majority, but a very large slice of the pie. No one should be suing over this anymore. A slate is a slate. A smartphone is a smartphone. The current trends are to make a thin, rectangular device with a couple of buttons on the front. Simple, elegant...done.
Now, how about saving all that $$$ in lawsuits and using it to make better products. An example:
I sold my iPhone 3GS (no warranty and I am unlucky) and bought a used Samsung Focus. Nice phone and Nice OS. I like the OS better than iOS. BUT....and this is where the better product idea comes in....I use a number of apps for language study which are only available on iOS. So, even though the Samsung Focus is a nice phone and Windows Phone OS is fantastic...I will choose the iPhone due to the apps.
This is something I don't think these other companies understand. Many people want the entire ecosystem that Apple provides. Samsung and Windows Phone OS / Samsung and Android just cannot match this. So why the need to sue?
If I were Apple, I simply wouldn't even bother to launch in Korea. They have plenty of other markets who want their products. I feel bad for all the Koreans who want an iPhone 5, but if your corporations are going to act childish...
The implied premise there is that the telecommunications functions require their patents. ... In many cases (I believe), such fees are covered in the parts Apple buys.
This is the big deal. Apple doesn't design or manufacture any of the wireless communication chips. They buy them from third-party sources.
If those sources are violating Samsung patents, then Samsung should sue them. And if the chips are manufactured under license, then Samsung has no right to sue anyone buying and using those chips, even if they are competing with Samsung.
Of course, this is the same thing other patent trolls are attempting, WRT Apple's in-app-purchase feature. Apple licensed the tech and made it part of iOS, and now the original patent holder is trying to sue everybody using those APIs.
I think the courts need to set a new precedent. Any time you're found abusing the court system with frivolous patent lawsuits, the court should invalidate the entire patent. That'll eliminate the frivolous suits real fast.
-you might get a design patent and when you produce something your product is protected by trade dress so nobody can make something that looks exactly like your product without consequences. The idea though is that you cant make something look so close that it will probably be mistaken for another manufacurers device.
1. Don't be a dick. 2. If you are unsure, see rule 1.
Now, this nonsense about people being confused really is being taken to the extreme. No one is going to confuse a Samsung tablet with an Apple iPad. The branding alone makes it very clear what the devices are and who makes them. This applies to phones as well.
Talk to people who sell these phones. I did this over the weekend after reading an article last week. The customers are not THAT stupid. They know what an iPhone and iPad is and they know the difference between Apple products and Samsung products.
The time and money wasted on this superfluous nonsense is getting in the way of actually producing products.
If you invented the car, sure you can sue every other carmaker in the world, PROVIDED you have a patent and the patent hasn't expired.
Technically yes. Except that in doing so you open yourself up to retaliation.
If one car maker is holding a significant automotive patent, they may try to sue the competition, but they know full well that they are also infringing on their competitors' patents, who will counter-sue. The big automakers all know this, so they keep their lawyers chained up in the basement, only to be used when absolutely necessary.
Sadly, it appears that Apple and Samsung don't have the same level of sense that the car companies do. So they're suing each other, and in the end, the only one benefiting will be the lawyers.
Kinda reminds me of the Soccer World Cup that was co-hosted there... There was this allegedly rigged match...
Not to mention the boxing events when the Olympics were held in Seoul. That's not even an allegation. The Korean boxing associating put so much pressure on the judges and refs to the point that the bias was so blatant that the international olympic committee for boxing awarded the outstanding boxer award to a silver medalist (he might even have one the outstanding athlete of the games award, it was that shameful), --an American who 'lost' to a Korean in the gold medal match despite completely dominating him. I forgot the American's name but he moved on to a stellar professional career.
Then there was also the spectacle of a Korean boxer who actually lost (the only Korean I suppose who had the bad luck to fight before honest judges) --he was so upset that the cheating machine didn't work for him that after the fight he pouted like a three year old, sat in the middle of the ring, and refused to move for quite some time.
Comments
Oh noes. GM and Ford should sue each other!!!!!!!!
Yep...let see who made the first aerodynamic car...... Or you could say "insert car name here" violates the "look and "feel" of "again insert car name here" When it all comes down to the natural evolution of style and function. If everyone took Apple's cue then EVERY industry would be suing each other because ALL businesses copy successful designs.
Can Apple sue Samsung for copying their legal strategy?
Agree 100% great point!
No, it's not. Read.
Apple already controls the majority of the smart phone market,
Incorrect.
While many people think that the iPhone is the undisputed king of the smartphone market, it is actually Google?s Android (News - Alert) platform phones which continue to reign. A new report continues to show that while consumers love Apple and the iPhone Android?s wide variety of phones has kept them holding the largest market share.
...
As far as smartphone manufacturers, Samsung (News - Alert) takes the top spot with 25.5 percent of the market. Trailing closely behind is LG with 20.9 percent. Motorola brings up third place with 14.1 percent and Apple actually comes in a distant fourth with just 9 percent of the market.
http://www.tmcnet.com/topics/article...arketshare.htm
This pretty much, though I don't think Apple controls the majority any longer. That might explain their insecurity. A shrinking market share means they fear becoming sieged from all sides.
Apple's market share is growing. Slowly, but nevertheless growing. Both RIM and Nokia are sinking fast, M$ is not gaining much traction, and the market overall is growing fast, so there is plenty of room for Apple to gain, despite the public's preference for Android.
Totally...
sigh. Car makers do and did sue each other constantly. The reason for such similar looking cars is that you can only patent what is new and novel. So while individual parts of each of these cars may have a design patent, they were not overall departures from previous designs. And those parts that are new and novel? Totally different between the cars.
Now, look at Samsung's tablets before the iPad and those after. the whole design of the ipad was new and novel. No one made a tablet that looked like it before. Yet suddenly Samsung's tablets start to look just like it.
This is almost the perfect example of the violation of design patents and trade dress law. If this wasn't Apple..if it was LG and Samsung fighting there would not even be an argument about who was right.
Samsung needs to do something, ANYTHING, to keep from getting crushed.
Currently, Samsung is the market leader among smartphone manufacturers, while Apple is number 4. I'm not sure where your premise that they are in danger of being crushed originates.
If Samsung really wants to sue Apple over basic wireless technology, they'll need to sue every other handset manufacturer that uses that technology.
Why? There is really no need to do anything like that. They can pick and choose if they want to do that. There is no prohibition on selective prosecution.
Incorrect.
While many people think that the iPhone is the undisputed king of the smartphone market, it is actually Google?s Android (News - Alert) platform phones which continue to reign. A new report continues to show that while consumers love Apple and the iPhone Android?s wide variety of phones has kept them holding the largest market share.
...
As far as smartphone manufacturers, Samsung (News - Alert) takes the top spot with 25.5 percent of the market. Trailing closely behind is LG with 20.9 percent. Motorola brings up third place with 14.1 percent and Apple actually comes in a distant fourth with just 9 percent of the market.
http://www.tmcnet.com/topics/article...arketshare.htm
Please go back and check the sources better. The numbers you quote are US OEM's of phones, not smart-phones and not world-wide!
Apple is largest OEM of smart-phones in US; I think Nokia is still largest OEM of smart-phones world-wide. So, you may want to correct your multiple posts to the contrary.
Currently, Samsung is the market leader among smartphone manufacturers, while Apple is number 4. I'm not sure where your premise that they are in danger of being crushed originates.
Why? There is really no need to do anything like that. They can pick and choose if they want to do that. There is no prohibition on selective prosecution.
Incorrect. While many people think that the iPhone is the undisputed king of the smartphone market, it is actually Google?s Android (News - Alert) platform phones which continue to reign. A new report continues to show that while consumers love Apple and the iPhone Android?s wide variety of phones has kept them holding the largest market share.
Sure, when you give your OS away for free along with the majority of the phones out there, you are going to have market share.
You miss the point. Samsung is infringing on Apple's IP. Apple puts effort into innovating, then others copy it lock stock and barrel. That simply is not fair.
If you had invented something and others ripped you off, you would be upset as well.
Agreed. People arguing the opposite need to ask themselves, would Rolex have some legal case if Samsung were shipping wrist watches that looked exactly like a Rolex? Last time I checked the knock offs came from Mexico in tourists pockets not from major retail outlets.
Currently, Samsung is the market leader among smartphone manufacturers, while Apple is number 4. I'm not sure where your premise that they are in danger of being crushed originates.
Why? There is really no need to do anything like that. They can pick and choose if they want to do that. There is no prohibition on selective prosecution.
Apple makes half of all the profits of all the handsets sold on earth.
Money talks your bullish*t walks.
This pretty much, though I don't think Apple controls the majority any longer. That might explain their insecurity. A shrinking market share means they fear becoming sieged from all sides.
Maybe not the majority, but a very large slice of the pie. No one should be suing over this anymore. A slate is a slate. A smartphone is a smartphone. The current trends are to make a thin, rectangular device with a couple of buttons on the front. Simple, elegant...done.
Now, how about saving all that $$$ in lawsuits and using it to make better products. An example:
I sold my iPhone 3GS (no warranty and I am unlucky) and bought a used Samsung Focus. Nice phone and Nice OS. I like the OS better than iOS. BUT....and this is where the better product idea comes in....I use a number of apps for language study which are only available on iOS. So, even though the Samsung Focus is a nice phone and Windows Phone OS is fantastic...I will choose the iPhone due to the apps.
This is something I don't think these other companies understand. Many people want the entire ecosystem that Apple provides. Samsung and Windows Phone OS / Samsung and Android just cannot match this. So why the need to sue?
The implied premise there is that the telecommunications functions require their patents. ... In many cases (I believe), such fees are covered in the parts Apple buys.
This is the big deal. Apple doesn't design or manufacture any of the wireless communication chips. They buy them from third-party sources.
If those sources are violating Samsung patents, then Samsung should sue them. And if the chips are manufactured under license, then Samsung has no right to sue anyone buying and using those chips, even if they are competing with Samsung.
Of course, this is the same thing other patent trolls are attempting, WRT Apple's in-app-purchase feature. Apple licensed the tech and made it part of iOS, and now the original patent holder is trying to sue everybody using those APIs.
I think the courts need to set a new precedent. Any time you're found abusing the court system with frivolous patent lawsuits, the court should invalidate the entire patent. That'll eliminate the frivolous suits real fast.
Bring it on!!!!!
errrr... I don't think you're involved in any of this, like us, you're just a customer dude!
Please educate yourself.
-you might get a design patent and when you produce something your product is protected by trade dress so nobody can make something that looks exactly like your product without consequences. The idea though is that you cant make something look so close that it will probably be mistaken for another manufacurers device.
1. Don't be a dick. 2. If you are unsure, see rule 1.
Now, this nonsense about people being confused really is being taken to the extreme. No one is going to confuse a Samsung tablet with an Apple iPad. The branding alone makes it very clear what the devices are and who makes them. This applies to phones as well.
Talk to people who sell these phones. I did this over the weekend after reading an article last week. The customers are not THAT stupid. They know what an iPhone and iPad is and they know the difference between Apple products and Samsung products.
The time and money wasted on this superfluous nonsense is getting in the way of actually producing products.
If you invented the car, sure you can sue every other carmaker in the world, PROVIDED you have a patent and the patent hasn't expired.
Technically yes. Except that in doing so you open yourself up to retaliation.
If one car maker is holding a significant automotive patent, they may try to sue the competition, but they know full well that they are also infringing on their competitors' patents, who will counter-sue. The big automakers all know this, so they keep their lawyers chained up in the basement, only to be used when absolutely necessary.
Sadly, it appears that Apple and Samsung don't have the same level of sense that the car companies do. So they're suing each other, and in the end, the only one benefiting will be the lawyers.
Kinda reminds me of the Soccer World Cup that was co-hosted there... There was this allegedly rigged match...
Not to mention the boxing events when the Olympics were held in Seoul. That's not even an allegation. The Korean boxing associating put so much pressure on the judges and refs to the point that the bias was so blatant that the international olympic committee for boxing awarded the outstanding boxer award to a silver medalist (he might even have one the outstanding athlete of the games award, it was that shameful), --an American who 'lost' to a Korean in the gold medal match despite completely dominating him. I forgot the American's name but he moved on to a stellar professional career.
Then there was also the spectacle of a Korean boxer who actually lost (the only Korean I suppose who had the bad luck to fight before honest judges) --he was so upset that the cheating machine didn't work for him that after the fight he pouted like a three year old, sat in the middle of the ring, and refused to move for quite some time.
Yes, a proud moment in sportsmanship.